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STATE v. ROBERTS

No. 793SC21.

254 S.E.2d 216 (1979)

41 N.C. App. 187

STATE of North Carolina v. Ronald ROBERTS.

Court of Appeals of North Carolina.

May 1, 1979.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Nonnie F. Midgette, Raleigh, for the State.

A. B. Cooper, Jr. by Neil B. Whitford, Atlantic Beach, for defendant.

CARLTON, Judge.

Defendant seeks to appeal the ruling of the superior court denying his petition for post-conviction relief filed on 17 July 1978.

G.S. 15A-1422 provides in pertinent part as follows:

. . . . . (c) The court's ruling on a motion for appropriate relief pursuant to G.S. 15A-1415 is subject to review: . . . . . (3) If the time for appeal has expired and no appeal is pending, by writ of certiorari.

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